Drugged Driving Lawyer in Anne Arundel County
Most people associate DUI arrests with alcohol. But Anne Arundel County officers charge drivers with drug-related impairment regularly, and the cases are more complicated than a breath test DUI in ways that can work either for or against a defendant.
There is no legal limit for drugs in Maryland. No number on a test result automatically means you are guilty. The question is whether your driving was actually impaired by the substance in your system, and that is a harder question for the State to answer than most people realize.
The Two Drug Impairment Charges in Maryland
Under Section 21-902 of the Transportation Article, there are two distinct drug-related DUI charges:
1. Driving While Impaired by a Controlled Dangerous Substance (Section 21-902(d))
This is the more serious of the two drug charges. To convict, the State must prove:
- You were driving a vehicle
- You were impaired by a substance
- That substance is a controlled dangerous substance (CDS) under Maryland law
First offense: Up to 1 year in jail, $1,200 fine, 12 points on your license.
Second offense: Up to 2 years in jail, $2,400 fine, 12 points.
Third offense: Up to 5 years in jail, $500 fine, 8 points.
CDS is defined under Title 5, Subtitle 4 of the Maryland Criminal Code and includes a broad range of substances:
- Alprazolam (Xanax) and other benzodiazepines
- Oxycodone, fentanyl, and other prescription pain killers
- Cocaine, heroin, and other illegal drugs
- Marijuana
- Many other scheduled substances
2. Driving While Too Far Impaired by Drugs and/or Alcohol (Section 21-902(c))
This charge is the functional equivalent of standard DWI, but for drugs. Critically, the State does not have to identify the specific drug. It only has to prove that something was impairing your driving. This makes the charge easier to bring but potentially easier to challenge.
First offense: Up to 60 days in jail, $500 fine, 8 points.
Second offense: Up to 1 year in jail, $500 fine, 8 points.
Third offense: Up to 5 years in jail, $500 fine, 8 points.
How Anne Arundel County Officers Build Drugged Driving Cases
Unlike alcohol cases, there is no breathalyzer for drugs. Officers in Anne Arundel County rely on two mechanisms:
Drug Recognition Experts (DREs)
Drug Recognition Experts are officers with specialized training who use a 12-step evaluation protocol to classify whether a driver is under the influence of drugs and, if so, what category of drug. A DRE evaluation in Anne Arundel County may include:
- Modified HGN and additional eye tests
- Pulse rate and blood pressure readings
- Examination of pupil size using a pupilometer
- Body temperature measurement
- Darkroom eye examination for pupil reaction to light
- Muscle tone assessment
These tests have a high false-positive rate and are voluntary. No one is legally required to submit to a DRE evaluation. Many of the physical findings a DRE relies on have alternative explanations unrelated to drug impairment, including anxiety, certain medical conditions, fatigue, and prescription medication use.
Blood Tests for Drugs
Officers can request a blood sample to test for the presence of drugs. In Anne Arundel County, a blood draw requires either consent or a warrant. Blood tests for drugs are optional. Refusal may trigger an MVA license suspension in the same way breath test refusal does, but the refusal cannot be used against you as evidence of guilt.
The key scientific issue in blood test cases is that presence does not equal impairment. Many substances remain detectable in blood for days, weeks, or months after their active effects have worn off. Marijuana is the most common example: THC can appear in a blood test weeks after a person last used it. A positive marijuana blood test does not prove that the driver was currently feeling any effects at the time of the stop.
Defending Drugged Driving Charges in Anne Arundel County
The defenses available in these cases are often stronger than in standard alcohol DUI cases because the science is less settled and the State faces a harder evidentiary burden:
No legal limit. Because Maryland has no per se drug limit, the State must prove actual impairment. That means the officer's observations, the DRE's findings, and the blood test must all be interpreted together, and each piece can be challenged.
Challenge the stop. If the Anne Arundel County officer lacked a legal basis to pull you over, a motion to suppress evidence can eliminate everything that follows.
DRE methodology challenges. The Drug Recognition Expert protocol has not achieved the same scientific validation as the NHTSA alcohol impairment tests. Cross-examination of a DRE on their training, the alternative causes for their observations, and the reliability of each step of the 12-step protocol can significantly undermine the State's expert witness.
Blood test reliability. Chain of custody, laboratory accreditation, the analyst's qualifications, and the timing of the draw relative to when you were driving all affect the weight a blood test should receive.
Impairment of driving vs. presence of substance. Even if a substance was in your system, the State must prove it was affecting your driving. Evidence of normal driving behavior prior to the stop, good performance on some tests, and medical explanations for any anomalies can create reasonable doubt.
Marijuana and Drugged Driving in Anne Arundel County
Marijuana impaired driving cases in Anne Arundel County are particularly defensible. Officers often rely on the smell of marijuana, a positive DRE opinion, and a blood test showing THC presence. But:
- Smell alone does not prove impairment
- A DRE's opinion that a driver is under the influence of marijuana is inherently unreliable without supporting data
- THC blood test results are almost meaningless for impairment purposes given how long marijuana stays in a person's system
There is no established "legal limit" for marijuana in Maryland. The entire case turns on the officer's subjective observations and a blood test with obvious limitations. These are cases where a skilled attorney can create real doubt.
FrizWoods: Anne Arundel County Drug DUI Defense
Max Frizalone and Luke Woods have handled drugged driving cases involving marijuana, prescription medications, and illicit substances. They know how the State builds these cases and where the weaknesses are. They appear regularly at both the Annapolis District Court and the Glen Burnie District Court from their Severna Park office at 540 Ritchie Hwy, Suite 301.
Contact us for a free consultation. We answer 24/7.
FAQs
Q: Is there a legal limit for drugs while driving in Maryland?
A: No. Maryland has no per se drug limit equivalent to the 0.08 BAC threshold for alcohol. The State must prove actual impairment of your driving, not just the presence of a substance in your blood. This is different from alcohol cases and often makes drug DUI cases more defensible. Read the full drugged driving page.
Q: Can I refuse a drug blood test in Anne Arundel County?
A: Yes. Blood tests for drugs are voluntary in Maryland. Refusal can trigger an MVA license suspension, but the refusal cannot be used against you as proof of impairment. An attorney can advise whether to submit depending on the specific circumstances of your stop.
Q: Can I be charged with drugged driving for prescription medications?
A: Yes. Prescription drugs are included in Maryland's CDS framework. If an officer believes a lawfully prescribed medication is impairing your driving, you can still face a Section 21-902(d) charge. The defense in these cases often centers on whether the medication was taken as prescribed and whether it was actually affecting your driving at the time.
Q: What is a Drug Recognition Expert and can I refuse their evaluation?
A: A Drug Recognition Expert is an officer with specialized training who conducts a 12-step evaluation protocol to identify drug impairment. The evaluation is voluntary. You can decline to participate without criminal penalty, though refusal becomes part of the officer's account of events.
Q: Does a positive marijuana blood test mean I am guilty of drugged driving?
A: No. THC can remain detectable in blood for weeks after its effects have worn off. A positive test shows the substance was present but does not prove you were impaired while driving. These cases are regularly challenged and won on exactly this basis.